2019 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Health
Chapter 11 - Health Facilities and Resources
Part 4 - Hospital Records as Evidence
§ 68-11-405. Affidavit of custodian as to copies -- Costs.

Universal Citation: TN Code § 68-11-405 (2019)
  • (a) The records shall be accompanied by an affidavit of a custodian stating in substance:

    • (1) That the affiant is duly authorized custodian of the records and has authority to certify the records;

    • (2) That the copy is a true copy of all the records described in the subpoena;

    • (3) That the records were prepared by the personnel of the hospital or community mental health center, staff physicians, or persons acting under the control of either, in the ordinary course of hospital or community mental health center business at or near the time of the act, condition or event reported in the records; and

    • (4) Certifying the amount of the reasonable charges of the hospital or community mental health center for furnishing such copies of the record.

  • (b) If the hospital or community mental health center has none of the records described, or only part of the records, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner described in §§ 68-11-402 and 68-11-403.

  • (c) The filing of such affidavit with respect to reasonable charges shall be sufficient proof of such expense, which shall be taxed as costs of court.

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